Manitoba RCMP officers found guilty in beating of innocent man

WINNIPEG — The careers of two RCMP officers inched closer to a premature end Wednesday when they were given jail sentences for their roles in the beating and wrongful arrest of a man three years ago.

Cpl. Jeffrey Thomas Moyse, 42, received a four-month jail sentence for what Justice Perry Schulman said was initiating the beating and illegal arrest and detention of Conley Papineau, then 19, in Traverse Bay, Man.

Const. Trevor Ens, 31, was sentenced to four months of house arrest, with a strict curfew. Schulman said he was giving Ens the more lenient sentence because the evidence showed he had not taken part in the assault but did help Moyse and did nothing to stop the beatings.

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Under normal circumstances, a jail or prison sentence is immediate grounds for dismissal for RCMP officers. However, Ens immediately appealed his conviction and sentence and is expected to remain free on bail in the meantime.

Moyse’s defence counsel was not available following the hearing but he too is expected to appeal.

The RCMP issued a statement following the sentencing hearing, saying the men would retain their jobs while the possibility of an appeal exists, but both would remain on internal duties with no contact with the public.

Moyse is a 16-year veteran of the RCMP. Ens joined 11 years ago.

Neither man displayed any emotion during the sentencing.

The two were convicted last month of assault following a trial, where Schulman concluded the officers had no grounds to arrest Papineau.

Schulman said the actions of Moyse and Ens were a serious breach of trust.

“They let down the many people who provided letters of character for them,” Schulman said as he read from his written ruling. “They let down the victim and his family and the members of the community whom they were to serve.

“They let down the RCMP, whose members have a proud tradition of public service. By their conduct, they undermined the administration of justice and placed an extra burden on police officers.”

Schulman found Moyse repeatedly beat Papineau, who had done nothing to justify being placed under arrest. The two officers drove out to an isolated spot after they took Papineau into custody, where Moyse continued to beat him.

The two officers denied the allegations but Schulman concluded they were lying; that they covered up their actions and wrote up their notes to make Papineau appear guilty.

In an unusual gesture for a convicted person, the sheriff’s officers cleared the packed courtroom before Moyse was taken away through a side door and out of public sight.

Schulman said Ens appears to be an individual of exemplary character, adding the only explanation for his actions three years ago was that he must have “succumbed to paramilitary peer pressure.”

The judge also said Ens was driving the police cruiser that night, adding he should have taken steps to stop Moyse.

Ens’s lawyer, Richard Wolson, said he planned to appeal the sentence and conviction immediately.

Crown attorney Ryan Rolston said he expected Moyse would also appeal the sentence and conviction.

Schulman imposed a strict curfew on Ens, allowing him out of his home only for work and four hours per week for personal issues such as medical appointments and other errands approved by a Justice Department official assigned to his case.

It’s likely Ens, who had been free on bail before the sentencing, will seek bail while awaiting the appeal.